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UNITED STATES EX REL. MASCIA v. ZELKER

No. 149, Docket 71-1578.

450 F.2d 166 (1971)

UNITED STATES of America ex rel. John MASCIA, Petitioner-Appellant, v. Hon. John ZELKER, Superintendent, Green Haven Correctional Facility, Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 22, 1971.

Attorney(s) appearing for the Case

Richard Marlin, New York City (Marshall, Bratter, Greene, Allison & Tucker and Joel M. Leifer, New York City, on the brief), for petitioner-appellant.

Ilene J. Slater, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LUMBARD, MANSFIELD and OAKES, Circuit Judges.

LUMBARD, Circuit Judge:

On September 23, 1963, John Mascia and Anthony Piracci were brought to trial in the Supreme Court, Kings County, upon an indictment for first degree murder. Four and one half days of trial ensued during which sixteen government witnesses testified, two to the effect that Mascia had told them that he had shot to death one Joseph ("Joe Fish") Vitale in the early morning hours of May 25, 1963, and one, Detective Teknus, as to Piracci's inculpatory...

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